Judge Young Dismisses Cook’s Second IVC Filter Bellwether

Judge Young Dismisses Cook’s Second IVC Filter Bellwether

Introduction

Cook Celect IVC Filter Lawsuits are progressing as per schedule set by Chief Judge Richard L. Young. On March 9, the second bellwether went to trial in the U.S. District Court for the Southern District of Indiana. The plaintiff claims that the filter perforated his vena cava and couldn’t be removed. The main allegations include failure to warn the plaintiff of known and scientifically knowable dangers in spite of being aware of the risks, design defects, negligence, fraudulent concealment, punitive damages, and breach of express and implied warranty.

The case was dismissed by the judge because it was filed three years after the delivery of the device. The judge also found the terms and conditions applicable to the sale of the plaintiff’s IVC filter "expressly disclaim the implied warranty of merchantability."
All Cook IVC filter lawsuits are centralized since October 2014 under MDL No. 2570 (IN RE: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation), presided by Judge Richard L. Young, in the Southern District of Indiana.